You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 131262.

The Texas Workers' Compensation Commission (the "commission ") received a request for
the results of a fraud investigation against a claimant. You claim that the requested
information is excepted from disclosure under sections 552.101, 552.108 and 552.111 of the
Government Code. We have considered the exceptions you claim and reviewed the
submitted information.

You assert that the requested information is an investigation file maintained by the Division
of Compliance and Practices (the "division") that is excepted from disclosure under section
552.101 of the Government Code in conjunction with section 402.092 of the Labor Code.
Section 552.101 of the Government Code excepts from disclosure "information considered
to be confidential by law, either constitutional, statutory, or by judicial decision." Section
552.101 encompasses information deemed confidential by other statutes. Section 402.092
of the Labor Code provides:

(a) Information maintained in the investigation files of the
commission is confidential and may not be disclosed except:

(1) in a criminal proceeding;

(2) in a hearing conducted by the commission;

(3) on a judicial determination of good cause; or

(4) to a governmental agency, political subdivision, or regulatory
body if the disclosure is necessary or proper for the enforcement
of the laws of this or another state or of the United States.

(b) Commission investigation files are not open records for
purposes of chapter 552, Government Code.

"Investigation file" means any information compiled or maintained by the commission with
respect to a commission investigation authorized by law. Labor Code § 402.092(d).
Pursuant to chapter 414 of the Labor Code, the division monitors the conduct of persons
subject to the Texas Workers' Compensation Act for compliance with statutes and rules
relating to workers' compensation. You state that the requested information concerns the
possible violation of the Texas Labor Code, the Texas Workers' Compensation Act and the
Commission's rules implementing the Texas Workers' Compensation Act. Thus, we agree
that the investigation file is confidential under section 402.092. Therefore, the Commission
must withhold the investigation file from disclosure pursuant to section 552.101.(1)

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the
full benefit of such an appeal, the governmental body must file suit within 10 calendar days.Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,
411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.